Sec. 31-22r. Apprenticeship registration; apprentices, sponsors. (a)(1) Each
person who registered as an apprentice with the Labor Department before July 1, 2003,
and has not completed an apprenticeship as of July 9, 2003, shall pay to the Labor
Department a registration fee of twenty-five dollars on or before July 1, 2003, and a
renewal registration fee of twenty-five dollars on or before July first of each subsequent
year until (A) such registration is withdrawn, or (B) such person has completed an
apprenticeship and possesses a valid journeyperson card of occupational license, if required.
(2) Each person who initially registers as an apprentice with the Labor Department
on or after July 1, 2003, shall pay to the Labor Department a registration fee of fifty
dollars at the time of registration and an annual renewal registration fee of fifty dollars
until (A) such registration is withdrawn, or (B) such person has completed an apprenticeship and possesses a valid journeyperson card of occupational license, if required.
(b) Each person sponsoring an apprenticeship program registered with the Labor
Department as of July 1, 2003, shall pay to the Labor Department an annual registration
fee of sixty dollars for each apprentice participating in such program until the apprentice
has completed the apprenticeship and possesses a valid journeyperson card of occupational license, if required, or such program is cancelled by the sponsor or deregistered
for cause by the Labor Department in accordance with regulations adopted pursuant to
this chapter, whichever is earlier.
(c) Fifty per cent of any amount collected by the Labor Department pursuant to this
section shall be deposited in the General Fund and fifty per cent of such amount shall
be credited to a separate nonlapsing appropriation to the Labor Department, for the
purpose of administering the department's apprentice training program and sections 31-22m to 31-22p, inclusive.
(P.A. 03-207, S. 1; June Sp. Sess. P.A. 09-3, S. 368; Sept. Sp. Sess. P.A. 09-7, S. 108.)
History: P.A. 03-207 effective July 9, 2003; June Sp. Sess. P.A. 09-3 increased registration fees in Subsec. (a)(2) from
$25 to $50, increased registration fee in Subsec. (b) from $30 to $60 and deleted provision re credit of amount collected
to separate nonlapsing appropriation to Labor Department and purpose of same in Subsec. (c); Sept. Sp. Sess. P.A. 09-7
amended Subsec. (c) to provide that 50% of amount collected be credited to separate nonlapsing appropriation to Labor
Department for purpose of apprentice training program and Secs. 31-22m to 31-22p.
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Sec. 31-51ll. Family and medical leave: Length of leave; eligibility; intermittent or reduced leave schedules; substitution of accrued paid leave; notice to employer. (a)(1) Subject to section 31-51mm, an eligible employee shall be entitled to a
total of sixteen workweeks of leave during any twenty-four-month period, such twenty-four-month period to be determined utilizing any one of the following methods: (A)
Consecutive calendar years; (B) any fixed twenty-four-month period, such as two consecutive fiscal years or a twenty-four-month period measured forward from an employee's first date of employment; (C) a twenty-four-month period measured forward from
an employee's first day of leave taken under sections 31-51kk to 31-51qq, inclusive; or
(D) a rolling twenty-four-month period measured backward from an employee's first
day of leave taken under sections 31-51kk to 31-51qq, inclusive.
(2) Leave under this subsection may be taken for one or more of the following
reasons:
(A) Upon the birth of a son or daughter of the employee;
(B) Upon the placement of a son or daughter with the employee for adoption or
foster care;
(C) In order to care for the spouse, or a son, daughter or parent of the employee, if
such spouse, son, daughter or parent has a serious health condition;
(D) Because of a serious health condition of the employee; or
(E) In order to serve as an organ or bone marrow donor.
(b) Entitlement to leave under subparagraph (A) or (B) of subdivision (2) of subsection (a) of this section may accrue prior to the birth or placement of a son or daughter
when such leave is required because of such impending birth or placement.
(c) (1) Leave under subparagraph (A) or (B) of subdivision (2) of subsection (a)
of this section for the birth or placement of a son or daughter may not be taken by an
employee intermittently or on a reduced leave schedule unless the employee and the
employer agree otherwise. Subject to subdivision (2) of this subsection concerning an
alternative position, subdivision (2) of subsection (f) of this section concerning the duties
of the employee and subdivision (5) of subsection (b) of section 31-51mm concerning
sufficient certification, leave under subparagraph (C) or (D) of subdivision (2) of subsection (a) or under subsection (i) of this section for a serious health condition may be taken
intermittently or on a reduced leave schedule when medically necessary. The taking of
leave intermittently or on a reduced leave schedule pursuant to this subsection shall not
result in a reduction of the total amount of leave to which the employee is entitled under
subsection (a) of this section beyond the amount of leave actually taken.
(2) If an employee requests intermittent leave or leave on a reduced leave schedule
under subparagraph (C), (D) or (E) of subdivision (2) of subsection (a) or under subsection (i) of this section that is foreseeable based on planned medical treatment, the employer may require the employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that (A) has
equivalent pay and benefits, and (B) better accommodates recurring periods of leave
than the regular employment position of the employee, provided the exercise of this
authority shall not conflict with any provision of a collective bargaining agreement
between such employer and a labor organization which is the collective bargaining
representative of the unit of which the employee is a part.
(d) Except as provided in subsection (e) of this section, leave granted under subsection (a) of this section may consist of unpaid leave.
(e) (1) If an employer provides paid leave for fewer than sixteen workweeks, the
additional weeks of leave necessary to attain the sixteen workweeks of leave required
under sections 5-248a and 31-51kk to 31-51qq, inclusive, may be provided without
compensation.
(2) (A) An eligible employee may elect, or an employer may require the employee,
to substitute any of the accrued paid vacation leave, personal leave or family leave of
the employee for leave provided under subparagraph (A), (B) or (C) of subdivision (2)
of subsection (a) of this section for any part of the sixteen-week period of such leave
under said subsection or under subsection (i) of this section for any part of the twenty-six-week period of such leave.
(B) An eligible employee may elect, or an employer may require the employee, to
substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave
of the employee for leave provided under subparagraph (C), (D) or (E) of subdivision (2)
of subsection (a) of this section for any part of the sixteen-week period of such leave
under said subsection or under subsection (i) of this section for any part of the twenty-six-week period of leave, except that nothing in section 5-248a or sections 31-51kk to
31-51qq, inclusive, shall require an employer to provide paid sick leave or paid medical
leave in any situation in which such employer would not normally provide any such
paid leave.
(f) (1) In any case in which the necessity for leave under subparagraph (A) or (B)
of subdivision (2) of subsection (a) of this section is foreseeable based on an expected
birth or placement of a son or daughter, the employee shall provide the employer with
not less than thirty days' notice, before the date of the leave is to begin, of the employee's
intention to take leave under said subparagraph (A) or (B), except that if the date of the
birth or placement of a son or daughter requires leave to begin in less than thirty days,
the employee shall provide such notice as is practicable.
(2) In any case in which the necessity for leave under subparagraph (C), (D) or (E)
of subdivision (2) of subsection (a) or under subsection (i) of this section is foreseeable
based on planned medical treatment, the employee (A) shall make a reasonable effort
to schedule the treatment so as not to disrupt unduly the operations of the employer,
subject to the approval of the health care provider of the employee or the health care
provider of the son, daughter, spouse or parent of the employee, as appropriate; and (B)
shall provide the employer with not less than thirty days' notice, before the date the
leave is to begin, of the employee's intention to take leave under said subparagraph (C),
(D) or (E), except that if the date of the treatment requires leave to begin in less than
thirty days, the employee shall provide such notice as is practicable.
(g) In any case in which a husband and wife entitled to leave under subsection (a)
of this section are employed by the same employer, the aggregate number of workweeks
of leave to which both may be entitled may be limited to sixteen workweeks during any
twenty-four-month period, if such leave is taken: (1) Under subparagraph (A) or (B) of
subdivision (2) of subsection (a) of this section; or (2) to care for a sick parent under
subparagraph (C) of said subdivision. In any case in which a husband and wife entitled
to leave under subsection (i) of this section are employed by the same employer, the
aggregate number of workweeks of leave to which both may be entitled may be limited
to twenty-six workweeks during any twelve-month period.
(h) Unpaid leave taken pursuant to sections 5-248a and 31-51kk to 31-51qq, inclusive, shall not be construed to affect an employee's qualification for exemption under
chapter 558.
(i) Subject to section 31-51mm, an eligible employee who is the spouse, son or
daughter, parent, or next of kin of a current member of the armed forces, as defined
in section 27-103, who is undergoing medical treatment, recuperation or therapy, is
otherwise in outpatient status or is on the temporary disability retired list for a serious
injury or illness incurred in the line of duty, shall be entitled to a one-time benefit of
twenty-six workweeks of leave during any twelve-month period for each armed forces
member per serious injury or illness incurred in the line of duty. Such twelve-month
period shall commence on an employee's first day of leave taken to care for a covered
armed forces member and end on the date twelve months after such first day of leave.
For the purposes of this subsection, (1) "next of kin" means the armed forces member's
nearest blood relative, other than the covered armed forces member's spouse, parent,
son or daughter, in the following order of priority: Blood relatives who have been granted
legal custody of the armed forces member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered
armed forces member has specifically designated in writing another blood relative as
his or her nearest blood relative for purposes of military caregiver leave, in which case
the designated individual shall be deemed to be the covered armed forces member's
next of kin; and (2) "son or daughter" means a biological, adopted, foster child, stepchild,
legal ward or a child for whom the eligible employee or armed forces member stood in
loco parentis and who is any age.
(j) Leave taken pursuant to sections 31-51kk to 31-51qq, inclusive, shall not run
concurrent with the provisions of section 31-313.
(k) Notwithstanding the provisions of sections 5-248a and 31-51kk to 31-51qq,
inclusive, all further rights granted by federal law shall remain in effect.
(P.A. 96-140, S. 2, 10; P.A. 03-213, S. 2; P.A. 04-95, S. 2; 04-257, S. 49; P.A. 09-70, S. 1.)
History: P.A. 96-140 effective January 1, 1997; P.A. 03-213 amended Subsec. (a) by deleting "begin with the first day
of leave taken," and adding provisions specifying alternative methods for determining the 24-month period during which
family and medical leave may be taken; P.A. 04-95 amended Subsec. (a) to expand leave entitlement to organ or bone
marrow donors, to reorganize provisions into new Subdivs. (1) and (2), and to redesignate both sets of existing Subdivs.
(1) to (4) as Subparas. (A) to (D), respectively, and amended Subsecs. (b), (c), (e) and (f) to make internal references
consistent with changes in Subsec. (a); P.A. 04-257 made technical changes in Subsecs. (a) to (c) and (e) to (g), effective
June 14, 2004; P.A. 09-70 added new Subsecs. (i) and (j) re additional leave for eligible employees who are family members
of armed forces members injured in line of duty, redesignated existing Subsec. (i) as Subsec. (k), and made conforming
changes in Subsecs. (c), (e)(2), (f)(2) and (g), effective May 27, 2009.
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Sec. 31-51mm. Family and medical leave: Certification. (a) An employer may
require that request for leave based on a serious health condition in subparagraph (C)
or (D) of subdivision (2) of subsection (a) of section 31-51ll, or leave based on subsection
(i) of section 31-51ll, be supported by a certification issued by the health care provider
of the eligible employee or of the son, daughter, spouse, parent or next of kin of the
employee, as appropriate. The employee shall provide, in a timely manner, a copy of
such certification to the employer.
(b) Certification provided under subsection (a) of this section shall be sufficient if
it states:
(1) The date on which the serious health condition commenced;
(2) The probable duration of the condition;
(3) The appropriate medical facts within the knowledge of the health care provider
regarding the condition;
(4) (A) For purposes of leave under subparagraph (C) of subdivision (2) of subsection (a) of section 31-51ll, a statement that the eligible employee is needed to care for
the son, daughter, spouse or parent and an estimate of the amount of time that such
employee needs to care for the son, daughter, spouse, parent or next of kin; and (B) for
purposes of leave under subparagraph (D) of subdivision (2) of subsection (a) of section
31-51ll, a statement that the employee is unable to perform the functions of the position
of the employee;
(5) In the case of certification for intermittent leave or leave on a reduced leave
schedule for planned medical treatment, the dates on which such treatment is expected
to be given and the duration of such treatment;
(6) In the case of certification for intermittent leave or leave on a reduced leave
schedule under subparagraph (D) of subdivision (2) of subsection (a) of section 31-51ll,
a statement of the medical necessity of the intermittent leave or leave on a reduced leave
schedule, and the expected duration of the intermittent leave or reduced leave schedule;
(7) In the case of certification for intermittent leave or leave on a reduced leave
schedule under subparagraph (C) of subdivision (2) of subsection (a) of section 31-51ll,
a statement that the employee's intermittent leave or leave on a reduced leave schedule
is necessary for the care of the son, daughter, parent or spouse who has a serious health
condition, or will assist in their recovery, and the expected duration and schedule of the
intermittent leave or reduced leave schedule; and
(8) In the case of certification for intermittent leave or leave on a reduced leave
schedule under subsection (i) of section 31-51ll, a statement that the employee's intermittent leave or leave on a reduced leave schedule is necessary for the care of the spouse,
son or daughter, parent or next of kin who is a current member of the armed forces, as
defined in section 27-103, who is undergoing medical treatment, recuperation or therapy,
is otherwise in outpatient status or is on the temporary disability retired list, for a serious
injury or illness incurred in the line of duty, and the expected duration and schedule of
the intermittent leave or reduced leave schedule. For the purposes of this subsection,
"son or daughter" and "next of kin" shall have the same meaning as in subsection (i) of
section 31-51ll.
(c) (1) In any case in which the employer has reason to doubt the validity of the
certification provided under subsection (a) of this section for leave under subparagraph
(C) or (D) of subdivision (2) of subsection (a) or under subsection (i) of section 31-51ll,
the employer may require, at the expense of the employer, that the eligible employee
obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (b) of this section for such
leave.
(2) A health care provider designated or approved under subdivision (1) of this
subsection shall not be employed on a regular basis by the employer.
(d) (1) In any case in which the second opinion described in subsection (c) of this
section differs from the opinion in the original certification provided under subsection
(a) of this section, the employer may require, at the expense of the employer, that the
employee obtain the opinion of a third health care provider designated or approved
jointly by the employer and the employee concerning the information certified under
subsection (b) of this section.
(2) The opinion of the third health care provider concerning the information certified
under subsection (b) of this section shall be considered to be final and shall be binding
on the employer and the employee.
(e) The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis, provided the standards for determining what constitutes
a reasonable basis for recertification may be governed by a collective bargaining
agreement between such employer and a labor organization which is the collective bargaining representative of the unit of which the worker is a part if such a collective
bargaining agreement is in effect. Unless otherwise required by the employee's health
care provider, the employer may not require recertification more than once during a
thirty-day period and, in any case, may not unreasonably require recertification. The
employer shall pay for any recertification that is not covered by the employee's health
insurance.
(P.A. 96-140, S. 3, 10; P.A. 04-95, S. 3; 04-257, S. 50; P.A. 09-70, S. 2.)
History: P.A. 96-140 effective January 1, 1997; P.A. 04-95, effective October 1, 2004, and P.A. 04-257, effective June
14, 2004, both made identical technical changes in Subsecs. (a) to (c); P.A. 09-70 amended Subsecs. (a) and (c) by adding
reference to Sec. 31-51ll(i), amended Subsecs. (a) and (b) by adding "or next of kin", and amended Subsec. (b) by adding
Subdiv. (8) re requirements for certification of intermittent leave for an eligible employee to receive additional leave to
provide care under Sec. 31-51ll, effective May 27, 2009.
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Sec. 31-53. Construction, alteration or repair of public works projects by state
or political subdivision; wage rates; certified payroll. Penalties for violations. (a)
Each contract for the construction, remodeling, refinishing, refurbishing, rehabilitation,
alteration or repair of any public works project by the state or any of its agents, or by
any political subdivision of the state or any of its agents, shall contain the following
provision: "The wages paid on an hourly basis to any person performing the work of
any mechanic, laborer or worker on the work herein contracted to be done and the
amount of payment or contribution paid or payable on behalf of each such person to
any employee welfare fund, as defined in subsection (h) of this section, shall be at a
rate equal to the rate customary or prevailing for the same work in the same trade or
occupation in the town in which such public works project is being constructed. Any
contractor who is not obligated by agreement to make payment or contribution on behalf
of such persons to any such employee welfare fund shall pay to each mechanic, laborer
or worker as part of such person's wages the amount of payment or contribution for
such person's classification on each pay day."
(b) Any contractor or subcontractor who knowingly or wilfully employs any mechanic, laborer or worker in the construction, remodeling, refinishing, refurbishing,
rehabilitation, alteration or repair of any public works project for or on behalf of the
state or any of its agents, or any political subdivision of the state or any of its agents, at
a rate of wage on an hourly basis that is less than the rate customary or prevailing for
the same work in the same trade or occupation in the town in which such public works
project is being constructed, remodeled, refinished, refurbished, rehabilitated, altered
or repaired, or who fails to pay the amount of payment or contributions paid or payable
on behalf of each such person to any employee welfare fund, or in lieu thereof to the
person, as provided by subsection (a) of this section, shall be fined not less than two
thousand five hundred dollars but not more than five thousand dollars for each offense
and (1) for the first violation, shall be disqualified from bidding on contracts with the
state or any political subdivision until the contractor or subcontractor has made full
restitution of the back wages owed to such persons and for an additional six months
thereafter and (2) for subsequent violations, shall be disqualified from bidding on contracts with the state or any political subdivision until the contractor or subcontractor has
made full restitution of the back wages owed to such persons and for not less than an
additional two years thereafter. In addition, if it is found by the contracting officer
representing the state or political subdivision of the state that any mechanic, laborer or
worker employed by the contractor or any subcontractor directly on the site for the work
covered by the contract has been or is being paid a rate of wages less than the rate of
wages required by the contract to be paid as required by this section, the state or contracting political subdivision of the state may (A) by written notice to the contractor,
terminate such contractor's right to proceed with the work or such part of the work as
to which there has been a failure to pay said required wages and to prosecute the work
to completion by contract or otherwise, and the contractor and the contractor's sureties
shall be liable to the state or the contracting political subdivision for any excess costs
occasioned the state or the contracting political subdivision thereby, or (B) withhold
payment of money to the contractor or subcontractor. The contracting department of
the state or the political subdivision of the state shall, not later than two days after taking
such action, notify the Labor Commissioner, in writing, of the name of the contractor
or subcontractor, the project involved, the location of the work, the violations involved,
the date the contract was terminated, and steps taken to collect the required wages.
(c) The Labor Commissioner may make complaint to the proper prosecuting authorities for the violation of any provision of subsection (b) of this section.
(d) For the purpose of predetermining the prevailing rate of wage on an hourly basis
and the amount of payment or contributions paid or payable on behalf of each person
to any employee welfare fund, as defined in subsection (h) of this section, in each town
where such contract is to be performed, the Labor Commissioner shall (1) hold a hearing
at any required time to determine the prevailing rate of wages on an hourly basis and
the amount of payment or contributions paid or payable on behalf of each person to any
employee welfare fund, as defined in subsection (h) of this section, upon any public
work within any specified area, and shall establish classifications of skilled, semiskilled
and ordinary labor, or (2) adopt and use such appropriate and applicable prevailing wage
rate determinations as have been made by the Secretary of Labor of the United States
under the provisions of the Davis-Bacon Act, as amended.
(e) The Labor Commissioner shall determine the prevailing rate of wages on an
hourly basis and the amount of payment or contributions paid or payable on behalf of
such person to any employee welfare fund, as defined in subsection (h) of this section,
in each locality where any such public work is to be constructed, and the agent empowered to let such contract shall contact the Labor Commissioner, at least ten but not more
than twenty days prior to the date such contracts will be advertised for bid, to ascertain
the proper rate of wages and amount of employee welfare fund payments or contributions
and shall include such rate of wage on an hourly basis and the amount of payment or
contributions paid or payable on behalf of each person to any employee welfare fund,
as defined in subsection (h) of this section, or in lieu thereof the amount to be paid
directly to each person for such payment or contributions as provided in subsection (a)
of this section for all classifications of labor in the proposal for the contract. The rate
of wage on an hourly basis and the amount of payment or contributions to any employee
welfare fund, as defined in subsection (h) of this section, or cash in lieu thereof, as
provided in subsection (a) of this section, shall, at all times, be considered as the minimum rate for the classification for which it was established. Prior to the award of any
contract subject to the provisions of this section, such agent shall certify in writing to
the Labor Commissioner the total dollar amount of work to be done in connection with
such public works project, regardless of whether such project consists of one or more
contracts. Upon the award of any contract subject to the provisions of this section, the
contractor to whom such contract is awarded shall certify, under oath, to the Labor
Commissioner the pay scale to be used by such contractor and any of the contractor's
subcontractors for work to be performed under such contract.
(f) Each employer subject to the provisions of this section or section 31-54 shall
(1) keep, maintain and preserve such records relating to the wages and hours worked
by each person performing the work of any mechanic, laborer and worker and a schedule
of the occupation or work classification at which each person performing the work of
any mechanic, laborer or worker on the project is employed during each work day and
week in such manner and form as the Labor Commissioner establishes to assure the
proper payments due to such persons or employee welfare funds under this section or
section 31-54, regardless of any contractual relationship alleged to exist between the
contractor and such person, and (2) submit monthly to the contracting agency by mail,
first class postage prepaid, a certified payroll that shall consist of a complete copy of
such records accompanied by a statement signed by the employer that indicates (A)
such records are correct; (B) the rate of wages paid to each person performing the work
of any mechanic, laborer or worker and the amount of payment or contributions paid
or payable on behalf of each such person to any employee welfare fund, as defined in
subsection (h) of this section, are not less than the prevailing rate of wages and the
amount of payment or contributions paid or payable on behalf of each such person to
any employee welfare fund, as determined by the Labor Commissioner pursuant to
subsection (d) of this section, and not less than those required by the contract to be paid;
(C) the employer has complied with the provisions of this section and section 31-54;
(D) each such person is covered by a workers' compensation insurance policy for the
duration of such person's employment, which shall be demonstrated by submitting to
the contracting agency the name of the workers' compensation insurance carrier covering each such person, the effective and expiration dates of each policy and each policy
number; (E) the employer does not receive kickbacks, as defined in 41 USC 52, from
any employee or employee welfare fund; and (F) pursuant to the provisions of section
53a-157a, the employer is aware that filing a certified payroll which the employer knows
to be false is a class D felony for which the employer may be fined up to five thousand
dollars, imprisoned for up to five years, or both. This subsection shall not be construed
to prohibit a general contractor from relying on the certification of a lower tier subcontractor, provided the general contractor shall not be exempted from the provisions of
section 53a-157a if the general contractor knowingly relies upon a subcontractor's false
certification. Notwithstanding the provisions of section 1-210, the certified payroll shall
be considered a public record and every person shall have the right to inspect and copy
such records in accordance with the provisions of section 1-212. The provisions of
subsections (a) and (b) of section 31-59 and sections 31-66 and 31-69 that are not inconsistent with the provisions of this section or section 31-54 apply to this section. Failing
to file a certified payroll pursuant to subdivision (2) of this subsection is a class D felony
for which the employer may be fined up to five thousand dollars, imprisoned for up to
five years, or both.
(g) The provisions of this section do not apply where the total cost of all work to
be performed by all contractors and subcontractors in connection with new construction
of any public works project is less than four hundred thousand dollars or where the total
cost of all work to be performed by all contractors and subcontractors in connection
with any remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any
public works project is less than one hundred thousand dollars.
(h) As used in this section, section 31-54 and section 31-89a, "employee welfare
fund" means any trust fund established by one or more employers and one or more labor
organizations or one or more other third parties not affiliated with the employers to
provide from moneys in the fund, whether through the purchase of insurance or annuity
contracts or otherwise, benefits under an employee welfare plan; provided such term
shall not include any such fund where the trustee, or all of the trustees, are subject to
supervision by the Banking Commissioner of this state or any other state or the Comptroller of the Currency of the United States or the Board of Governors of the Federal
Reserve System, and "benefits under an employee welfare plan" means one or more
benefits or services under any plan established or maintained for persons performing
the work of any mechanics, laborers or workers or their families or dependents, or for
both, including, but not limited to, medical, surgical or hospital care benefits; benefits
in the event of sickness, accident, disability or death; benefits in the event of unemployment, or retirement benefits.
(1949 Rev., S. 7372; March, 1950, S. 3018d, 3019d; 1961, P.A. 486, S. 1; 1963, P.A. 240, S. 1; 1967, P.A. 494, S. 1;
P.A. 73-566, S. 1; P.A. 75-90, S. 1, 2; P.A. 77-442; 77-614, S. 161, 610; P.A. 79-325; P.A. 80-482, S. 200, 348; P.A. 83-537, S. 2; P.A. 85-355, S. 1-3; P.A. 87-9, S. 2, 3; P.A. 91-74, S. 1; 91-407, S. 40, 42; P.A. 93-392, S. 1; 93-435, S. 65, 95;
P.A. 97-263, S. 14; P.A. 03-84, S. 17; P.A. 05-50, S. 1; P.A. 06-196, S. 161; P.A. 09-25, S. 1.)
History: 1961 act added provisions re political subdivision and employee welfare funds and added Subsecs. (f) and (g)
re records and schedules which must be kept and re inapplicability of provisions where total cost of work is less than
$5,000; 1963 act substituted "alteration" for "remodeling" and "public works project" for references to public buildings;
1967 act added Subsec. (h) defining "employee welfare fund" and "benefits under an employee welfare plan" and substituted
references to Subsec. (h) for references to Sec. 31-78; P.A. 73-566 amended Subsec. (b) to add provisions re termination
of contract when discovery is made that employees are being paid less than the amount required under contract; P.A. 75-90 added references to remodeling, refurnishing, refurbishing and rehabilitation of projects in Subsecs. (a), (b) and (g);
P.A. 77-442 added Subsec. (d)(2) requiring commissioner to adopt and use appropriate and applicable prevailing wage
rate determinations made by U.S. Secretary of Labor; P.A. 77-614 replaced bank commissioner with banking commissioner
within the department of business regulation and made banking department the division of banking within that department,
effective January 1, 1979; P.A. 79-325 replaced former provisions of Subsec. (g) which had rendered section inapplicable
where total cost of project is less than $50,000 with provision rendering provisions inapplicable to new construction projects
where total cost is less than $50,000 and to remodeling, refinishing etc. projects where total cost is less than $10,000; P.A.
80-482 restored banking division as independent department with commissioner as its head following abolition of business
regulation department; P.A. 83-537 amended Subsec. (e) to require the local agent to contact the labor commissioner, to
ascertain proper wage rates and payment levels, at least ten but not more than 20 days prior to putting the contract out to
bid; P.A. 85-355 amended Subsec. (e) to require the agent to certify the total cost of work to be done on the public works
project, and to require the contractor to certify the pay scale to be used on the project after having been awarded the contract
and amended Subsec. (g) to make the prevailing wage requirements inapplicable to projects costing less than $200,000 if
new construction, or to projects costing less than $50,000 if remodeling; (Revisor's note: Pursuant to P.A. 87-9 "banking
commissioner" was changed editorially by the Revisors to "commissioner of banking"); P.A. 91-74 made a technical
change in Subsec. (a), amended Subsec. (b) to increase fines from $100 to not less than $2,500 but not more than $5,000
and amended Subsec. (g) by changing the cost thresholds from $200,000 to $400,000 and from $50,000 to $100,000; P.A.
91-407 changed effective date of P.A. 91-74 from October 1, 1991, to July 1, 1991; P.A. 93-392 deleted reference to Sec.
51-53 in Subsec. (a) and added (f)(2) requiring employers subject to the state prevailing wage laws to file weekly certified
payrolls with the contracting public agency and designating such certified payrolls as public records; P.A. 93-435 made
technical change in Subsec. (a) to reinstate language in existence prior to amendment made by P.A. 93-392, effective June
28, 1993; P.A. 97-263 added Subsec. (b)(1) and (2) disqualifying bidders from bidding on contracts with the state until
certain requirements are met and adding provision permitting the withholding of payment of money to the contractor or
subcontractor, amended Subsec. (d) to change "employee" to "person", amended Subsec. (f) to require monthly submission
of certified payroll and to make failure to file a certified payroll a class D felony, and amended Subsec. (h) by redefining
"employee welfare fund" to include one or more other third parties not affiliated with the employers; P.A. 03-84 changed
"Commissioner of Banking" to "Banking Commissioner" in Subsec. (h), effective June 3, 2003; P.A. 05-50 substituted
"person" for "employee" and made technical changes throughout, amended Subsec. (a) to require payment of prevailing
wage to persons performing the work of any mechanic, laborer or worker and to require contractor not obligated to contribute
to employee welfare fund to pay to each mechanic, laborer or worker the amount of contribution for such person's classification, amended Subsec. (b) to impose penalties on any contractor or subcontractor who fails to pay prevailing wage or make
required contributions to employee welfare fund, amended Subsec. (f) to require employer to keep, maintain and preserve
records and schedule of occupation or work classification for each person performing the work of any mechanic, laborer
and worker, adding "regardless of any contractual relationship alleged to exist between the contractor and such person"
and amended Subsec. (h) to redefine "benefits under an employee welfare plan"; P.A. 06-196 made a technical change in
Subsec. (c), effective June 7, 2006; P.A. 09-25 amended Subsec. (f)(2) to require employer to submit certified payroll to
contracting agency by mail, first class postage prepaid.
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Sec. 31-57f. Standard wage rate for certain service workers. Definitions. Standard rate required. Civil penalty. Complaints. Determination of standard rate by
Labor Commissioner. Effect on employers bound by collective bargaining
agreements. Recordkeeping requirement. Penalty for filing false certified payroll.
Exemptions. Regulations. (a) As used in this section: (1) "Required employer" means
any provider of food, building, property or equipment services or maintenance listed in
this subdivision whose rate of reimbursement or compensation is determined by contract
or agreement with the state or any state agent: (A) Building, property or equipment
service companies; (B) management companies providing property management services; and (C) companies providing food preparation or service, or both; (2) "state agent"
means any state official, state employee or other person authorized to enter into a contract
or agreement on behalf of the state; (3) "person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives or organized
groups of persons; (4) "building, property or equipment service" means any janitorial,
cleaning, maintenance or related service; (5) "prevailing rate of wages" means the hourly
wages paid for work performed within the city of Hartford under the collective bargaining agreement covering the largest number of hourly nonsupervisory employees
employed within Hartford County in each classification established by the Labor Commissioner under subsection (e) of this section, provided the collective bargaining
agreement covers no less than five hundred employees in the classification; (6) "prevailing rate of benefits" means the total cost to the employer on an hourly basis for work
performed within the city of Hartford, under a collective bargaining agreement that
establishes the prevailing rate of wages, of providing health, welfare and retirement
benefits, including, but not limited to, (A) medical, surgical or hospital care benefits;
(B) disability or death benefits; (C) benefits in the event of unemployment; (D) pension
benefits; (E) vacation, holiday and personal leave; (F) training benefits; and (G) legal
services benefits, and may include payment made directly to employees, payments to
purchase insurance and the amount of payment or contributions paid or payable by the
employer on behalf of each employee to any employee benefits fund; (7) "employee
benefit fund" means any trust fund established by one or more employers and one or
more labor organizations or one or more other third parties not affiliated with such
employers to provide, whether through the purchase of insurance or annuity contracts
or otherwise, benefits under an employee health, welfare or retirement plan, but does
not include any such fund where the trustee or trustees are subject to supervision by the
Banking Commissioner of this state or of any other state, or the Comptroller of the
Currency of the United States or the Board of Governors of the Federal Reserve System;
and (8) "benefits under an employee health, welfare or retirement plan" means one or
more benefits or services under any plan established or maintained for employees or
their families or dependents, or for both, including, but not limited to, medical, surgical
or hospital care benefits, benefits in the event of sickness, accident, disability or death,
benefits in the event of unemployment, retirement benefits, vacation and paid holiday
benefits, legal service benefits or training benefits.
(b) On and after July 1, 2000, the wages paid on an hourly basis to any employee
of a required employer in the provision of food, building, property or equipment services
provided to the state pursuant to a contract or agreement with the state or any state agent,
shall be at a rate not less than the standard rate determined by the Labor Commissioner
pursuant to subsection (g) of this section.
(c) Any required employer or agent of such employer that violates subsection (b)
of this section shall pay a civil penalty in an amount not less than two thousand five
hundred dollars but not more than five thousand dollars for each offense. The contracting
department of the state that has imposed such civil penalty on the required employer or
agent of such employer shall, within two days after taking such action, notify the Labor
Commissioner, in writing, of the name of the employer or agent involved, the violations
involved and steps taken to collect the fine.
(d) The Labor Commissioner may make complaint to the proper prosecuting authorities for the violation of any provision of subsection (b) of this section.
(e) For the purpose of predetermining the standard rate of covered wages on an
hourly basis, the Labor Commissioner shall establish classifications for all hourly nonsupervisory employees based on the applicable occupation codes and titles set forth in the
federal Register of Wage Determinations under the Service Contract Act of 1965, 41
USC 351, et seq., provided the Labor Commissioner shall classify any individual employed on or before July 1, 2009, as a grounds maintenance laborer or laborer as a janitor,
and shall classify any individual hired after July 1, 2009, performing the duty of grounds
maintenance laborer, laborer or janitor as a light cleaner, heavy cleaner, furniture handler
or window cleaner, as appropriate. The Labor Commissioner shall then determine the
standard rate of wages for each classification of hourly nonsupervisory employees which
shall be (1) the prevailing rate of wages paid to employees in each classification, or if
there is no such prevailing rate of wages, the minimum hourly wages set forth in the
federal Register of Wage Determinations under the Service Contract Act, plus (2) the
prevailing rate of benefits paid to employees in each classification, or if there is no such
prevailing rate of benefits, a thirty per cent surcharge on the amount determined in
subdivision (1) of this subsection to cover the cost of any health, welfare and retirement
benefits or, if no such benefits are provided to the employees, an amount equal to thirty
per cent of the amount determined in subdivision (1) of this section, which shall be paid
directly to the employees. The standard rate of wages for any employee entitled to
receive such rate on or before July 1, 2009, shall not be less than the minimum hourly
wage for the classification set forth in the federal Register of Wage Determinations
under the Service Contract Act plus the prevailing rate of benefits for such classification
for as long as that employee continues to work for a required employer.
(f) Required employers with employees covered by collective bargaining
agreements which call for wages and benefits that are reasonably related to the standard
rate of wages shall not be economically disadvantaged in the bidding process, provided
the collective bargaining agreement was arrived at through arms-length negotiations.
(g) The Labor Commissioner shall, in accordance with subsection (e) of this section,
determine the standard rate of wages for each classification on an hourly basis where
any covered services are to be provided, and the state agent empowered to let such
contract shall contact the Labor Commissioner at least ten days prior to the date such
contract will be advertised for bid, to ascertain the standard rate of wages and shall
include the standard rate of wages on an hourly basis for all classifications of employment in the proposal for the contract. The standard rate of wages on an hourly basis
shall, at all times, be considered the minimum rate for the classification for which it
was established.
(h) Where a required employer is awarded a contract to perform services that are
substantially the same as services that have been rendered under a predecessor contract,
such required employer shall retain, for a period of ninety days, all employees who had
been employed by the predecessor to perform services under such predecessor contract,
except that the successor contract need not retain employees who worked less than
fifteen hours per week or who had been employed at the site for less than sixty days.
During such ninety-day period, the successor contract shall not discharge without just
cause an employee retained pursuant to this subsection. If the performance of an employee retained pursuant to this subsection or section 4a-82 is satisfactory during the
ninety-day period, the successor contractor shall offer the employee continued employment for the duration of the successor contract under the terms and conditions established
by the successor contractor, or as required by law. The provisions of this subsection
shall not apply to any contract covered by section 31-57g or subsections (o) and (p) of
section 4a-82.
(i) Each required employer subject to the provisions of this section shall (1) keep,
maintain and preserve such records relating to the wages and hours worked by each
employee and a schedule of the occupation or work classification at which each person
is employed during each work day and week in such manner and form as the Labor
Commissioner establishes to assure the proper payments due to such employees, and
(2) annually or upon written request, submit to the contracting state agent a certified
payroll which shall consist of a complete copy of such records accompanied by a statement signed by the employer which indicates that (A) such records are correct, (B) the
rate of wages paid to each employee is not less than the standard rate of wages required
by this section, (C) such employer has complied with the provisions of this section, and
(D) such employer is aware that filing a certified payroll which it knows to be false is
a class D felony for which such employer may be fined not more than five thousand
dollars or imprisoned not more than five years, or both. Notwithstanding the provisions
of section 1-210, the certified payroll shall be considered a public record and every
person shall have the right to inspect and copy such record in accordance with the
provisions of section 1-212. The provisions of subsections (a) and (b) of section 31-59,
section 31-66 and section 31-69 which are not inconsistent with the provisions of this
section shall apply. Any person who files a false certified payroll in violation of subdivision (2) of this subsection shall be guilty of a class D felony for which such person may
be fined not more than five thousand dollars or imprisoned not more than five years,
or both.
(j) This section shall not apply to contracts, agreements or grants which do not
exceed forty-nine thousand nine hundred ninety-nine dollars per annum.
(k) On receipt of a complaint for nonpayment of the standard rate of wages, the
Labor Commissioner, the Director of Wage and Workplace Standards and wage enforcement agents of the Labor Department shall have power to enter, during usual business
hours, the place of business or employment of any employer to determine compliance
with this section, and for such purpose may examine payroll and other records and
interview employees, call hearings, administer oaths, take testimony under oath and
take depositions in the manner provided by sections 52-148a to 52-148e, inclusive. The
commissioner or the director, for such purpose, may issue subpoenas for the attendance
of witnesses and the production of books and records. Any required employer, an officer
or agent of such employer, or the officer or agent of any corporation, firm or partnership
who wilfully fails to furnish time and wage records as required by law to the commissioner, the director or any wage enforcement agent upon request or who refuses to admit
the commissioner, the director or such agent to a place of employment or who hinders
or delays the commissioner, the director or such agent in the performance of any duties
in the enforcement of this section shall be fined not less than twenty-five dollars nor
more than one hundred dollars, and each day of such failure to furnish time and wage
records to the commissioner, the director or such agent shall constitute a separate offense,
and each day of refusal of admittance, of hindering or of delaying the commissioner,
the director or such agent shall constitute a separate offense.
(l) Notwithstanding subsection (j) of this section, any employer that pays the state
for a franchise to provide food preparation or service, or both, for the state shall be
required to certify that the wages and benefits paid to its employees are not less than
the standard rate established pursuant to this section, provided, if no prevailing rate of
wages or benefits was in effect at the time the state entered into a franchise agreement,
then the employer shall not be required to pay the prevailing rate of wages or benefits
during the life of the agreement, unless the agreement is amended, extended or renewed.
(m) The Labor Commissioner may adopt regulations, in accordance with chapter
54, to carry out the provisions of this section.
(n) The provisions of this section and any regulation adopted pursuant to subsection
(m) of this section shall not apply to any contract or agreement entered into before July
1, 2000.
(P.A. 99-142, S. 1, 2; P.A. 09-183, S. 1; 09-184, S. 4.)
History: P.A. 99-142 effective July 1, 1999; P.A. 09-183 amended Subsec. (a) by adding Subdivs. (5) to (8) defining
"prevailing rate of wages", "prevailing rate of benefits", "employee benefit fund" and "benefits under an employee health,
welfare or retirement plan", amended Subsec. (e) by requiring commissioner to classify certain employees hired on or
before July 1, 2009, as janitors and certain employees hired after July 1 2009, as light cleaners, heavy cleaners, furniture
handlers or window cleaners and altering formula used by commissioner to determine standard wage, added new Subsec.
(h) re required employer's retention of employees from predecessor contract to successor contract, redesignated existing
Subsecs. (h) to (m) as Subsecs. (i) to (n), amended redesignated Subsec. (i)(2) to provide for annual submission of certified
payroll, amended redesignated Subsec. (l) to add provision re franchise agreement, and made conforming and technical
changes throughout, effective July 1, 2009; P.A. 09-184 amended Subsec. (h) to add exception for contracts covered by
Sec. 31-57g, effective July 1, 2009.
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